MedCo v. Hospira—Federal Circuit Guidance on What Constitutes a “Sale” under § 102(b)

On July 11, 2016, the Federal Circuit issued a unanimous decision, which addressed what constitutes a “sale” for the purposes of the “on sale” bar to patentability pursuant to 35 U.S.C § 102(b)…


United States Patent Office

USPTO Launches New Post-Prosecution Pilot Program

The United States Patent and Trademark Office (USPTO) launched a new Post-Prosecution Pilot (P3) on July 11, 2016. According to the USPTO, P3 was initiated to test its impact on enhancing patent…


Decision in Rapid Litigation Management LTD v. Cellzdirect, Inc.

A decision was issued on July 6, 2016 by the United States Court of Appeals for the Federal Circuit (CAFC) in Rapid Litigation Management LTD v. Cellzdirect, Inc.  The dispute came to the CAFC on…


Inventions by Dad

Dads are the greatest.  They are there to wipe your tears when you are sad, they teach you how to throw a ball, they are who you run to when mom says no. But then there are those dads who have gone…


Enfish, LLC v. Microsoft Corp.: The Federal Circuit Finds Another Computer-Implemented Invention Patent-Eligible

According to Title 35, Section 101 of the United States Code, “whoever invents ... any new and useful process, machine, manufacture, or composition of matter ... may obtain a patent therefor.”[1]…


Yosemite Park Trademark Controversy

Yosemite National Park has gorgeous vistas; the largest waterfall in North America; and landmark destinations known for decades as the Ahwahnee Hotel, Wawona Hotel, Curry Village, Yosemite Lodge at…


U.S. Supreme Court to Weigh in On Inter Partes Review (IPR) Proceedings

Oral arguments for Cuozzo Speed Technologies v. Lee were heard by the United States Supreme Court (SCOTUS) on Monday April 25, 2016. One of the primary questions SCOTUS was faced with was whether the…


Smartphone Wars Apple v. Samsung

Since 2009, millions of dollars have been spent worldwide on litigating smartphone-related patent infringement cases in the “Smartphone Patent Wars.” The most well-known of these battles includes…


Patent Policy and the Promotion of Job Growth

Patents stifle innovation. Patent trolls are the modern day robber barons. All patents are acquired by large corporations who operate to destroy small businesses. These statements reflect the views…